Vincent v. Central City Loan & Investment Co.

KEY, Associate Justice.

This is a suit upon a lease contract, which resulted in a judgment in favor of the plaintiff, and the defendant has appealed. The trial court sustained a general demurrer and certain special exceptions to the defendant’s answer, and these rulings are the questions presented for decision. After filing a general denial, the defendant interposed the following special answer:

"1st. And for special answer defendant shows to the court that he made said lease contract with plaintiff but at the time of making same he was then in possession of said premises, as a tenant of…